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2009-033
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2009-033
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Last modified
3/18/2016 11:07:59 AM
Creation date
10/1/2015 12:53:46 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/03/2009
Control Number
2009-033
Agenda Item Number
12.I.2
Entity Name
Florida Department of Transportation
Subject
Improvements on 16th / 17th Street west of US 1
Resolution 2009-006
Area
16th/17th St., 14th Ave.to SR-5/US 1
Supplemental fields
SmeadsoftID
7766
Document Relationships
2009-006
(Attachment)
Path:
\Official Documents\2000's\2009
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will be made . The PARTICIPANT understands the request and approval of the <br /> additional time could delay the Project, and additional costs may be incurred <br /> due to delay of the Project. <br /> ii . If the accepted bid amount plus allowances is less than the advance deposit <br /> amount, the DEPARTMENT will refund the amount that the advance deposit <br /> exceeds the bid amount plus allowances if such refund is requested by the <br /> PARTICIPANT in writing . <br /> iii . Should Project modifications occur that increase the PARTICIPANT'S share of <br /> total Project costs , the PARTICIPANT will be notified by the DEPARTMENT <br /> accordingly. The PARTICIPANT agrees to provide , without delay, in advance of <br /> the additional work being performed , adequate funds to ensure that cash on <br /> deposit with the DEPARTMENT is sufficient to fully fund its share of the Project. <br /> The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes <br /> apparent the actual costs will overrun the deposit amount; however, failure of <br /> the DEPARTMENT to so notify the PARTICIPANT shall not relieve the <br /> PARTICIPANT from its obligation to pay for its full participation on final <br /> accounting as provided herein . <br /> iv . The DEPARTMENT intends to have the final and complete accounting of all <br /> costs incurred in connection with the work performed hereunder within three- <br /> hundred and sixty (360) calendar days of final payment to the Contractor . All <br /> Project cost records and accounts shall be subject to audit by a representative <br /> of the PARTICIPANT for a period of three (3) years after final close out of the <br /> Project. The PARTICIPANT will be notified of the final cost. The parties agree <br /> that in the event the final accounting of total Project costs pursuant to the terms <br /> of this Agreement is less than the total deposits to date , a refund of the excess <br /> will be made by the DEPARTMENT to the PARTICIPANT. If the final accounting <br /> is not performed within three hundred and sixty (360 ) calendar days , the <br /> PARTICIPANT is not relieved from its obligation to pay. <br /> v . In the event said final accounting of total Project costs is greater than the total <br /> deposits to date , the PARTICIPANT will pay the additional amount within forty <br /> (40) calendar days from the date of the invoice . The PARTICIPANT agrees to <br /> pay interest at a rate as established pursuant to Section 55 . 03 , F . S . , on any <br /> invoice not paid with the forty (40) calendar days of the date of the invoice until <br /> the invoice is paid . <br /> vi . The payment of funds under this Locally Funded Agreement will be made <br /> directly to the Department of Financial Services , Division of Treasury for deposit <br /> and as provided in the attached Memorandum of Agreement ( MOA) between <br /> the PARTICIPANT , the DEPARTMENT and the State of Florida , Department of <br /> Financial Services , Division of Treasury, a copy of which is attached hereto as <br /> Exhibit "A" . <br /> 3 of 9 <br />
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